How Long Does a Divorce Take in Oregon?
One of the most common questions we receive when we’re working with clients who are pursuing a dissolution of their marriage is, “How long will this take?” It’s a fair question. After all, it usually takes careful consideration before deciding to divorce. Once people have brought themselves to making this choice, they’d rather not prolong the experience.
So, when we’re asked “How long does a divorce take in Oregon?’ the answer, which we admit isn’t satisfying, is, “It depends.” There is paperwork to file. Fees to pay. And a certain amount of time waiting can be applied to each. In essence, the simpler the marriage, the shorter the time it takes to get divorced. But in instances where there are children, and where there are properties and assets that need to be divided, the complicated, and therefore the more time consuming the process of dissolution will likely be.
Complicating matters further? You guessed it! Coronavirus. As it happens, the COVID-19 epidemic is, at the time of this writing, still rampant. Due to this, the process for which divorce proceedings occur may differ slightly on a county-by-county basis, which we’ll outline for you below.
Clackamas County
The good news here is that Clackamas County is, at the time of this writing, open for business in regard to divorce proceedings. For the most part, they’re handling their caseload in their normal manner.
Multnomah County
Be forewarned that you should expect delays. Our understanding of the Multnomah County Courthouse is that it is mostly closed. It has remained open in a limited capacity for hearings deemed urgent in nature. These would include hearings deemed crucial by the presiding judge relating to restraining orders, temporary protective orders of restraint, emergency custody, and parenting time enforcement. We’re seeing significant delays in all other filings.
Things are projected to stay this way until 2021. And when the courthouse finally does reopen sometime in the next year, we don’t anticipate those delays decreasing any time soon. The plan is to limit the number of people who will physically be in each courtroom, meaning that teleconferencing will be a crucial part of what hearings look like until health experts feel confident that we can all return safely. Most hearings will occur remotely until this pandemic is under control.
So what kind of delays should those hoping to file for divorce anticipate? Well, on average in pre-COVID times, the process time for an uncontested divorce was about four weeks long. At the present, it’s taking at least six weeks to process the final, agreed upon divorce-related paperwork. Take note of “final” and “agreed upon.” It will still take time to file the initial paperwork, come to terms between parties, and take care of any other impediments that might delay the process.
What’s more, trial dates for all new filings are not being scheduled until summer and fall of 2021.
So, if you’re a Multnomah County resident seeking a more swift resolution, what should you do? Well, Judges in in Multnomah County are urging parties to engage in what’s called “alternative dispute resolution.” “Alternative dispute resolution is one of many different processes for an issue that can be resolved without litigation before a circuit court judge. Examples of alternative dispute resolutions include mediation, arbitration, collaboration, working with a reference judge, or direct negotiation with opposing counsel.
At DBMA Family Law, we’re generally very settlement-focused, so if you want a quick resolution for your divorce, the best way to do this is to reach an agreement with your spouse or co-parent through some form of alternative dispute resolution, especially since litigation options are so limited right now. We have a proven track record of helping our clients achieve the results they want through these methods, and would be happy to explore these options with you should they suit your situation.
Washington County
Unfortunately, the Washington County family court is incredibly backed up right now. We have learned that they have been forced to reschedule all of their hearings canceled due to the COVID pandemic and that most filings that took place after April of this year (2020) still have not had hearings scheduled.
Clearly, this can cause complications for those either seeking a divorce or those working to modify an established agreement. If you’re seeking a swift resolution to a divorce, our advice regarding seeking an alternative dispute resolution via mediation, arbitration, collaboration, working with a reference judge, or direct negotiation with opposing counsel is the same.
More important details for those with family law needs in Oregon
If you’re looking to modify an already established spousal support award, due to an unforeseen circumstance such as losing a job, it’s important to know that parties are still subject to the same court orders.
If you are at all able, your obligation is to follow the existing court order. However, if you're unable to fulfill payment obligations, you should prioritize paying your support order vs. spending money on anything beyond your basic essential living expenses.
Not only is that prioritization important, but so is the credible documentation of those expenses. Why does this matter? If you cannot prove that you’re unable to fulfill your commitments and that you’re appropriately prioritizing your spending, then you could be held in contempt of court.
Some other important tips for those who are unable to make their court-mandated payments due to unforeseen circumstances:
Make certain to only spend money on what would be considered “reasonable costs,” such as rent or mortgage, medical expenses, therapy, and groceries. Do not make large cash withdrawals. Do not make purchases at places like liquor stores, which would fall outside of what’s considered a “basic necessity.” And, as we’ve said, make sure that you keep receipts and other objective pieces of documentation that can be used by counsel in order to prove your hardship.
DBMA Family Law — We are here for you!
Despite all the hardships that you might be facing on a personal and pandemic level, you still have options. And that’s precisely why we’re in practice, to help people just like you navigate your situation to create the best outcome possible. And we’re just a phone call or email away.